FOR FCC RECORD ONLY
$//Letter to Peter Feinberg, DA 95-233//$
$//Cable Rate Regulation - approval of rate change//$
$/FCC Form 1210/$
Federal Communications Commission
Washington, DC 20554
February 14, 1995 DA 95-233
Released: February 15, 1995
VIA FACSIMILE AND FIRST CLASS U.S. MAIL
Peter H. Feinberg, Esq.
Dow, Lohnes & Albertson
1255 23rd Street, NW
Washington, DC 20037-1194
Re: FCC Form 1210 rate increases for Comcast Cablevision of
Maryland
Dear Mr. Feinberg:
On January 13, 1995, Comast Cablevision of Maryland ("Comcast") filed with the Cable
Services Bureau a request for approval, on an expedited basis, of a proposed rate increase to
its cable programming service (CPS) tier as computed on FCC Form 1210. In this request,
Comcast states that the increase is necessary to allow Comcast to provide its subscribers with
new programming. Because we found Comcast's rates to be unreasonable, obligating it to
pay refunds to its CPS subscribers, Comcast must obtain the Bureau's approval before it
may increase its CPS tier rate. See FCC Form 1210, page 2. This requirement allows us
to monitor subsequent rate increases, once we have found rates unreasonable. Comcast states
that the proposed programming and external cost increases are not dependent on the issues
involved in the Bureau's Order imposing refund liabilities, and that approval should not be
delayed on that account.
To date, we have undertaken a full review of Comcast of Maryland's rates only for the
period prior to May 15, 1994, and have found those rates unreasonable. Our review of the
reasonableness of Comcast's rates from May 15, 1994 to the present is currently underway.
With respect to rates charged for the period beginning May 15, 1994, Comcast has filed
FCC Forms 1200 and 1205. Comcast's current request for approval of FCC Form 1210 is
for expenses incurred in the fourth quarter of 1994, and programming expenses to be accrued
upon our approval. Comcast is requesting a CPS tier rate increase of $.55, $.28 in external
costs and $.27 due to channels added under the new going forward rules.
We have reviewed the Form 1210 filings before us, and find no patent defects. We believe
that the impetus behind Comcast's request is to provide its subscribers with new
programming in the above-noted communities, and that approval of Comcast's instant request
will encourage this development. Our permitting the requested increases is on an interim
basis only, and is subject to our determination of the reasonableness of Comcast's CPS rates
for the period beginning May 15, 1994, including subsequent changes to the rates filed on
Comcast's FCC Form 1200. Thus, although we allow the requested increase for new
programming, the increased rate which Comcast may charge is potentially subject to refund
if our review of Comcast's FCC Form 1200 and Form 1210 filings finds that Comcast's
underlying CPS rate is unreasonable.
Sincerely,
Meredith J. Jones
Chief,
Cable Services Bureau